Prosecutor asks for death penalty in Stoddard County murder case

BLOOMFIELD, Mo. -- Stoddard County Prosecuting Attorney Briney Welborn filed the necessary paperwork Wednesday to declare his intentions to seek the death penalty against a Bernie, Mo., couple accused of stabbing another man to death.

Welborn filed notices of intent to seek the death penalty in the cases of Allen McCoy, aka "Smurf," along with his 38-year-old wife, Angela McCoy.

The McCoys are charged with first-degree murder, first-degree robbery and armed criminal action in connection with Aubury Lee Finch's death Aug. 28.

Finch, 67, was found dead inside his Bernie home after authorities received information from witnesses indicating Allen McCoy had told them he had stabbed the man several times, as well as robbed him.

Since the McCoys are charged with first-degree murder, the "statutorily authorized alternatives for sentencing" are life without the possibility of parole and death, Welborn said in his statement of intention to request the death penalty.

After a review of the "voluminous reports and autopsy," and "due to the brutality of the offense, the fact the offense occurred during the course of the criminal act of robbery against (Finch) and the nature and extent of the wounds inflicted upon (Finch)," Welborn said, he concluded the death penalty was called for in this case.

"As such, it is the intention of the Stoddard County Prosecutor's Office to request the trial judge in this cause to instruct the jury that the death penalty is an available penalty in this case and take all measures necessary under the Criminal Code to seek that result," Welborn said.

The filing reportedly puts the defense on notice of what aggravating circumstances the state intends to rely on at trial.

The aggravating circumstances Welborn cited are:

• The murder in the first degree was outrageously or wantonly vile, horrible or inhumane in that it involved torture or depravity of mind;
• The murder in the first-degree was committed while Allen and Angela McCoy were engaged in the perpetration or was aiding or encouraging another person to perpetrate the felony of robbery; and
• The state reserves the right to include additional aggravating circumstances as may be warranted in the continuing investigation of this case.

Now that this notice has been filed, Allen McCoy's case will be transferred from the Stoddard/Dunklin County Public Defender's Office to the attorneys, who exclusively handle death cases, with the Capital Public Defender's office. Angela McCoy is being represented by Poplar Bluff, Mo., attorney John Shock.